Introduction

This Acceptable Use Policy (“AUP”) outlines the rules and standards of conduct for using X5 Core’s services, platforms, and communication channels. It applies to all users, including clients and their authorized users, who access our website, CRM sub-accounts on the GoHighLevel platform provided by X5 Core, and any other services we offer (collectively, the “Services”). By using our Services, you agree to comply with this AUP.

Our goal is to ensure our Services are used safely, lawfully, and in a manner that is respectful to the rights of others. Activities that are illegal, disruptive, or that jeopardize our platform or reputation are strictly prohibited. We reserve the right to update this AUP from time to time, and to enforce it as described below.

If you have any questions about whether any activity is allowed, please contact us at [email protected] before proceeding.

Prohibited Uses

You MUST NOT use X5 Core’s Services (including any communications tools, such as SMS messaging, email, or social media management features we provide) to engage in any of the following activities:

Illegal Activities: Using our Services to undertake, plan, or encourage any activity that violates any applicable law or regulation is strictly forbidden. This includes (but is not limited to) activities related to fraud, money laundering, gambling (if unlawful or without license), the sale or distribution of illegal drugs or controlled substances, human trafficking, or any other criminal activity.

Harmful or Violent Activities: You may not use our Services to promote or facilitate violence, physical harm, or threats toward any person or group. Content that incites or glorifies violence, self-harm, or abuse is prohibited. Likewise, using our platform to bully, harass, or stalk individuals is not allowed.

Hate Speech and Discrimination: We do not tolerate content that is defamatory, discriminatory, or constitutes hate speech. You must not use the Services to attack or demean people based on characteristics such as race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition.

Obscene or Pornographic Content: Do not use our Services to store, transmit, or distribute any obscene, pornographic, or sexually explicit material. Nudity or adult content in a non-pornographic context (e.g., art or medical) may be acceptable in some cases, but sexually explicit materials or services (including any that may be legal but violate our standards) are not permitted on our platforms. Absolutely no content involving minors in sexual or suggestive context is tolerated (this will be reported to authorities).

Spam and Unauthorized Marketing: You must adhere to all applicable anti-spam laws (like the CAN-SPAM Act for email and TCPA for texts) when using our Services to send messages. Unsolicited bulk messages (spam) are strictly prohibited. This includes mass emailing or texting to people who have not given verifiable consent, sending unwanted promotional or commercial content, or posting repetitive messages or ads on forums or social media managed by our platform. All marketing campaigns must be permission-based. Additionally, pyramid schemes, multi-level marketing not compliant with law, or misleading marketing practices are disallowed. You also may not harvest or scrape contact information from our platform or elsewhere to send spam through our Services.

Messaging Violations (SMS/A2P): When using our SMS or calling features, you must comply with the Telephone Consumer Protection Act (TCPA), the CTIA guidelines, and carrier rules. Prohibited messaging content includes:

7.        Phishing or Social Engineering: Any attempt to trick recipients into revealing sensitive information (passwords, credit card numbers, etc.) via our messaging is forbidden.

8.        Illegal Substances or Activities: Promoting or distributing illegal drugs, unlicensed firearms, illegal gambling, etc., via messages is banned.

9.        SHAFT Content: Content related to Sex, Hate, Alcohol, Firearms, or Tobacco is heavily regulated. You may not send SMS/MMS content about these topics unless you are compliant with all laws (including age gating where required). Any SHAFT content that is not in full legal compliance is prohibited. Sexually explicit or escort-related messages are outright forbidden. Hate speech in messages is absolutely not allowed, as per the hate speech rule above.

10.  Scams or Fraud: Any fraudulent messaging, including “smishing” (SMS phishing) attempts, fake lotteries or prize notifications, impersonation of others (e.g., pretending to be a bank or government agency without authorization) is banned.

11.  Emergency or Crisis Misinformation: Do not send false or misleading information about emergencies (e.g., fake COVID-19 cures, false Amber Alerts).

12.  Excessive or Deceptive Opt-In Practices: You must obtain proper consent for each phone number and provide required disclosures. Do not automatically opt-in numbers without clear consent, and do not conceal or mislead recipients about who you are. Your messages must include required identifiers and opt-out instructions (like “Text STOP to unsubscribe”).

Violations of messaging rules can lead to severe carrier penalties and immediate suspension of your messaging capabilities. We and our carrier partners actively monitor for compliance.

1.        Network and Security Abuse: You may not engage in any activities that interfere with or disrupt the integrity or performance of our Services or networks. This includes:

2.        Hacking and Unauthorized Access: No attempting to gain unauthorized access to any accounts, systems, or networks (ours or others’). Do not probe, scan, or test the vulnerability of our systems or breach security or authentication measures.

3.        Launching Attacks: Do not use our Services to launch or propagate any kind of denial-of-service (DoS) attack, virus, worm, Trojan horse, malware, or other malicious code. Also, do not engage in activities like ping floods, packet spoofing, forging TCP/IP headers, or any data flooding techniques that could disrupt our infrastructure.

4.        Avoiding Filters: Do not attempt to use techniques to bypass content filtering or blocking mechanisms we have put in place (e.g., sending gibberish to avoid spam detection, or using URL shorteners to hide malicious links).

Crypto Mining: Unless explicitly allowed in a specific scenario, using our infrastructure for cryptocurrency mining or computationally intensive tasks unrelated to the intended use of Services is not allowed as it can degrade service performance.

Intellectual Property Infringement: Do not use our Services to upload, store, or transmit any content that infringes upon the copyright, trademark, patent, trade secret, or other intellectual property rights of any person or entity. This includes distributing pirated software or media, sharing copyrighted content without permission, or using someone else’s logos or branding in a confusing or unauthorized manner. If you use third-party content (e.g., images, text) via our Services (like on a website or email we host), ensure you have the rights to do so. We comply with the Digital Millennium Copyright Act (DMCA) and have processes for removing infringing content when properly notified.

Personal Data and Privacy Violations: You must adhere to privacy laws when using our Services. Do not collect, use, or distribute personal data (like names, email addresses, phone numbers, financial or health information) in a way that is unlawful or without proper consent. For example, you may not use our platform to send messages to contacts who have not agreed to receive them, nor scrape data from third-party sources to use without permission. If you run a campaign involving personal data (like sending out a marketing text), you represent that you have obtained that data lawfully and have the individual’s consent for the intended use. Any attempt to use our services for covert surveillance, stalking, or any form of unlawful data collection is forbidden.

Impersonation and Misrepresentation: You may not impersonate any person or organization or misrepresent your identity or affiliation through our Services. This includes not sending communications that appear to come from someone else (e.g., spoofing the sender in an email or SMS) or pretending to be a user or representative of X5 Core if you are not. Phishing attempts (posing as a legitimate institution to trick users into providing info) are strictly banned as noted. Make sure your messaging and content clearly identify you or your business when required. (For instance, marketing texts should include your business name and appropriate identifiers so recipients know who it’s from.)

Excessive or Improper Use: Use our services in a reasonable manner. For instance, if there are usage limits (API call limits, email sending limits, storage quotas, etc.), do not exceed or circumvent them. Running processes that unduly consume system resources, or using the service beyond intended use cases (like using a marketing email system as a personal file storage solution), is not allowed. Additionally, you should not resell or provide our services to unauthorized third parties without agreement – if your account is meant only for you/your business, letting others piggyback is a violation.

Prohibited Business Practices: Certain industries or business models may pose high risk. While we evaluate on a case-by-case basis, as a general rule you should not use our Services in connection with: illegal pharmaceuticals or unapproved health claims, adult content services or adult dating, debt collection harassment, unsolicited telemarketing call centers, high-risk financial services (like payday loans, credit repair scams), or any business operating in violation of consumer protection laws. If you are unsure if your business use is permitted, ask us. X5 Core and our upstream providers (like carriers) maintain lists of restricted industries for communications – for example, some carriers forbid using A2P messaging for cannabis products (even if legal in some states), or for certain financial solicitations. We reserve the right not to support campaigns in industries that are subject to these restrictions.

This list of prohibited uses is intended to be comprehensive, but if we determine that a particular conduct is abusive, unethical, or legally problematic, we may deem it a violation even if not explicitly listed here. Use common sense and err on the side of caution and respect.

Enforcement and Monitoring

Monitoring: While X5 Core generally does not monitor user content or communications in real-time, we reserve the right to investigate any content or usage to ensure compliance with this AUP and our Terms. Our systems and third-party providers (like email servers and SMS gateways) may employ automated filters (for spam, viruses, forbidden keywords, etc.) which may flag or block content that appears to violate this AUP. We may review such flagged content. Additionally, if we receive complaints from recipients or notices of alleged law violations (such as a DMCA takedown notice), we will investigate those.

Reporting Violations: If you become aware of any misuse of our Services or any violation of this AUP by any user, please promptly report it to us at [email protected]. Provide as much detail as possible (e.g., copy of the offending message, the username involved, time and date of incident, URLs, etc.). We will treat reports seriously and, where appropriate, confidentially. X5 Core has a policy to investigate and respond appropriately to such reports.

Actions We May Take: If we, in our sole discretion, determine that you have violated this AUP or any related terms, we reserve the right to take responsive action. These actions may include:

·      Warning: Issuing you a written warning outlining the misconduct and requiring you to correct it immediately.

·      Content Removal: Removing or disabling access to content that violates the AUP (for example, taking down a webpage or social post, or not delivering an email/SMS).

·      Service Suspension: Temporarily suspending your access to the Services or specific features (like pausing your ability to send emails or texts) until we are satisfied the issue is resolved or risk mitigated.

·      Service Termination: Terminating your account or contract for cause, with or without notice, if the violation is serious or repeated. In the event of termination for AUP breach, you may lose access to data stored on the platform (we will attempt to work with you on data retrieval as appropriate, but we are not obligated to if termination was for misconduct). Additionally, you may not be entitled to any refunds for fees paid (per our Terms of Use, violations leading to termination can result in forfeiture of prepaid amounts).

·      Legal Involvement: Reporting the activity to appropriate law enforcement or regulatory authorities when we believe it’s necessary (for example, if we suspect criminal behavior such as child exploitation, fraud schemes, threats of violence, etc.). We will cooperate with authorities as legally required.

·      Carrier or Partner Actions: In context of messaging, note that mobile carriers (like AT&T, Verizon) actively monitor traffic. If your SMS/MMS campaign triggers carrier violations (like high spam reports or disallowed content), carriers may block your messages or impose fines. HighLevel (our CRM provider) also passes on severe violation fines (e.g., T-Mobile’s fees) to offenders. You will be responsible for any such fines arising from your misuse of messaging. Moreover, carriers can suspend your messaging capabilities across all services if abuse is detected. We will enforce such restrictions as required.

·      Cost Recovery: If your violation of this AUP causes us to incur costs (for instance, regulatory fines, carrier penalties, legal fees, or damages to our infrastructure), we may seek to recover those costs from you. This may be through invoicing you or through legal action (consistent with our Terms and any indemnification clauses).

We strive to give users notice and an opportunity to remedy violations whenever feasible. However, in severe cases (such as those that pose immediate harm, legal risk, or involve flagrantly unlawful content), we may take action immediately and without prior notice.

Our decision on what action to take will consider factors like the severity of the violation, whether it appears unintentional or malicious, past history of violations, and the overall impact on our system and others.

No Liability for Enforcement: X5 Core shall not be liable for any damages or losses that may result from our decision to remove content, suspend services, or terminate accounts under this AUP, and you agree to waive any claims against us related to the enforcement of this policy. You are responsible for the consequences of violations, including any data loss or business interruption that may result from enforcement actions.

User Responsibility

Every user of our Services is expected to use them responsibly and is accountable for any actions taken under their account. This means:

·      Account Security: Keep your login credentials confidential. If someone else uses your account (with or without your permission) to violate this AUP, you could be held responsible. Let us know immediately if you suspect your account has been compromised.

·      Compliance with Laws: It’s up to you to understand the laws applicable to your use of our Services (for example, privacy laws if you handle personal data, or telemarketing laws if you run SMS campaigns). Always ensure your actions are lawful in any relevant jurisdiction.

·      Content Monitoring: You should monitor the content you create or manage using our platform, especially if you have interactive components (like social media posts or landing pages with user comments). Remove any content that violates this AUP or applicable law. If you are notified (by us or anyone) of infringing or prohibited content through your account, act swiftly to address it.

·      Third-Party Users: If you are an X5 Core client and you allow your employees, contractors, or end-users to utilize our Services via your account or sub-accounts, you are responsible for ensuring those third parties also comply with this AUP. Take steps to educate them on these rules. We will consider actions by any user under your control as your actions.

·      Data and Backup: As stated in our Terms, you are ultimately responsible for maintaining copies of your data (especially important data). While we have backups and redundancy, if content is removed for AUP reasons, it may not be retrievable. Always keep your own backups for critical information.

Right to Restrict or Refuse Service

We reserve the right to refuse service to anyone or any entity that we determine is using (or is likely to use) our Services in a way that violates this AUP or that could harm our company, infrastructure, or other customers. This means that during the customer intake or vetting process, if we identify a potential client engaged in high-risk or clearly prohibited activities, we may decline to onboard them. It also means we may block certain destinations or recipients on our messaging services preemptively (for example, if a particular phone number is known as a spam trap or a user opts out, we will block sends to that number).

In some cases, to maintain network integrity or comply with laws, we might impose additional requirements (like enabling two-factor authentication, or requiring pre-approval of messaging content for certain campaigns). Failure to adhere to these requirements can result in restriction of service.

Consequences of Violation and Indemnification

Violating this AUP constitutes a breach of our Terms of Use and could lead to the consequences described above (suspension/termination). You agree that X5 Core is not responsible for any losses you incur due to enforcement actions.

Per our Terms, you also agree to indemnify and hold X5 Core harmless from any claims, losses, liabilities, or expenses (including legal fees) arising out of your (or your users’) violation of this AUP. This includes, for example, if your actions cause us to be sued by a third party or penalized by a regulator, you will cover those costs.

Acknowledgment

By using X5 Core’s Services, you acknowledge that you have read and understood this Acceptable Use Policy and agree to abide by it. This AUP is not exhaustive, and it will be updated as needed. X5 Core reserves the right to make the final determination whether an activity is prohibited or not, and our interpretation of this AUP is final.

Thank you for your cooperation in keeping our community and services safe and compliant. If you have any questions about this AUP or need clarification on what is allowed, please contact us at [email protected].

Last Updated: October 18, 2025